On The Judicial Review Of The Administrative Discretion

The controlling of administrative discretion is one of the core research topics in the Administrative Law Theory. Administrative discretion is often used by administrative organs in administrative legislation, administrative judicial and administrative enforcement, throughout almost all administrative behavior of operation process. Under this condition,with social development and social relations specialization, the technology of the complexity and value diversification, administrative discretion is an indispensable power of administrative authority, to meet the requirements of the development administrative affairs necessarily. But administrative discretion as a kind of administrative power, still can't get away from the essential characteristics of power, which is an executive power very easy to abuse.If administrative discretion abused, in that case, may cause damages to the administrative relative person's legitimate rights and interests.So administration according to law not only requires administrative subjects to play administrative discretion effectively in administrative activities,but also asked for the necessary and reasonable controlling which action administrative discretion is abused. Countries all over the world to study on the judicial review of administrative discretion,China also measures for controlling the administrative discretion in hurry to get its perfect judicial review proposal, but unfortunately China always has many drawbacks in this aspect.Long-term since, the key reason to our country's administrative discretion abused seriously is that judicial review mechanism is rather weak, especially with the judicial review principles and standards are unclear. This article starts from the basic theory of administrative discretion,compared with the patterns on the judicial review of two big legal systems administrative discretion.Then focus on the principles and standards on judicial review, and make some suggestions about how to perfect our country's administrative discretion for judicial proposal.Finally realize overall effective controlling of our country's administrative discretion,better adapt to our overall and rapid administration,legal administration, reasonable administrative, honest administrative, responsibility administrative,and so on.In this way,we can promote the further development of administrative legalization.